El modelaje Webcam dentro del marco del derecho al trabajo y las garantías laborales en Colombia desde el año 2018 hasta el año 2022.

Abstract

Webcam modeling is an online practice in which one or several individuals, known as webcam models, broadcast sexually explicit content through a camera in real-time to be viewed by other people, referred to as users. Models can engage in various activities designed to arouse viewers based on their preferences. Therefore, this study investigates how webcam modeling is regulated within the framework of the right to work and labor guarantees in the Colombian legal system. It was found that the lack of explicit legal recognition of webcam modeling as an expression of sexual freedom does not necessarily mean it should be considered a prohibited activity. With this in mind, and considering that webcam modeling is only permitted when done voluntarily, this activity could be included within the scope of protection provided by labor laws, as long as it meets the criteria qualifying it as a legitimate occupation. The relationships that arise between the studio and webcam model constitute employment relationships that require a formal employment contract, rather than civil or commercial contracts. This is because there is a de facto fulfillment of the elements of an employment relationship, such as personal service, subordination, and remuneration. Along the same lines, the concept of "contract reality" can be invoked when contractual relationships attempt to conceal a genuine employment relationship.